217B.090 Noncommercial applicator license -- Expiration -- Legal recourse -- Issuance to qualifying incarcerated persons -- Waiver of fees

217B.090 Noncommercial applicator license -- Expiration -- Legal recourse --

Issuance to qualifying incarcerated persons -- Waiver of fees.

(1) It shall be unlawful for any person to act as a noncommercial applicator without

having obtained a noncommercial applicator license from the department. Any

person applying for a noncommercial applicator's license shall file an application on

a form prescribed by the department on or before January 1 of each year. The

provisions of this section shall not apply to any individual who is a licensed

pesticide operator or applicator. If the department finds the applicant qualified to

apply pesticides, the department shall issue a noncommercial license for a fee of ten

dollars ($10) to a noncommercial applicator, which shall be valid only when the

individual is applying pesticides on land owned, occupied, or managed by his or her

employer. The noncommercial applicator license shall expire at the end of the

calendar year of issue unless it has been revoked or suspended prior to that by the

department for cause as provided for in KRS 217B.120.

(2) Employers of noncommercial applicators shall be subject to legal recourse by any

person damaged by the application of any pesticide, and the action may be brought

in the county where the damage or some part of the damage occurred.

(3) No license shall be issued unless the applicant holds a valid certification within this

category.

(4) A noncommercial license cannot be upgraded without retesting.

(5) The department shall issue noncommercial applicator licenses to qualifying prison

inmates and other incarcerated persons who are or will be engaged in the

application of pesticides under the direction of the Department of Corrections. Fees

for these persons shall be waived by the department.